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HomeMy WebLinkAboutCC 2004-09-27 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 27, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 2ih day of September, 2004 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Patrick Hillis Dave Green Kyle Spooner Ashley Stathatos Steve Brown Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Human Resources Director Director of Planning Director of Information Services Marketing & Research Coordinator Library Director Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from ReQular September 27. 2004 City Council MeetinQ Agenda Item 11 - PU 2004-038 - Councilwoman Johnson questioned the reason for the elimination of the low bidder. Mr. Curtis explained that the low bidder did not meet specifications. The low bidder proposed substitute paint instead of the required TNEMEC paint and did not submit with his bid a request for paint substitution and City Council Minutes September 27,2004 Page 2 certified independent laboratory testing of the paint. Mr. Curtis explained the bid specifications required TNEMEC paint or an approved equivalent with proper paperwork for substitute paint to be submitted with bid. The contractor did not provide with the bid the required paperwork for the substitute paint. Councilwoman Bielik questioned if the old paint would be removed or sealed. Mr. Curtis explained the project will consist of sandblasting the old paint; the area will be tented, completely enclosed and meet all requirements of the Texas Commission on Environmental Quality (TCEQ). Agenda Item 7d - GN 2004-092 - Councilwoman Cox questioned the confusion of the wording of the hours of sale of alcoholic beverages for Sunday. Mr. Staples explained that technically Saturday night is not over with until 1 :00 a.m. on Sunday. The wording mirrors State law which states that hours of sale on Saturday are from 7:00 a.m. to midnight and Sunday from 12:00 midnight to 1 :00 a.m. and noon to 12:00 midnight. Technically hours of sale on Saturday are 7:00 a.m. to 1 :00 a.m. (Sunday morning) and Sunday from noon to 12:00 midnight. 2. IR 2004-095 Discussion ConcerninQ Amendments to the Current "AG" AQricultural District ReQulations Mr. Green explained that Staff had recently been approached by an individual desiring to purchase agriculturally zoned property in the City and construct a greenhouse on the property. At the last Council meeting several citizens were present to express their concerns with the greenhouse. Mr. Green advised that the Zoning Ordinance contains some ambiguities and word conflicts with regard to uses permitted in agricultural zoning. Staff is unclear in the interpretation of the ordinance regarding agricultural uses and with the concerns expressed by citizens, Staff is requesting direction from Council on their desire to send item to the Planning & Zoning Commission for review. A recommendation would be brought back before the end of the year in terms of modification. Mayor advised this item was initiated by citizen presentation at the last council meeting and is citizen driven. The citizens would like the Agricultural Zoning District in the Zoning Ordinance to be reviewed so that businesses of this type cannot come into residential neighborhoods, but the citizens want to maintain their ability to keep livestock and to have gardens for their own use. Mr. Green stated the Planning & Zoning Commission would take into account how citizens think the agricultural district should be used and use as a basis for suggested modifications. The consensus of the Council was for the item to be sent to Planning & Zoning Commission for review and modifications. 3. IR 2004-100 Presentation of Economic Development Web Site Mr. Pitstick advised of the launching of a new comprehensive NRH economic development website designated as www.nrhupclose.com. The website has easy links to the main NRH web site and contains information on demographics, quality of life, economic development plans and programs, a complete listing of businesses and City Council Minutes September 27,2004 Page 3 specific information on all available buildings and sites. Mr. Pitstick demonstrated for Council the new website. 4. IR 2004-101 Update on Loop 820 Corridor Study Mr. Torres introduced Mr. Kurt Schulte from Kimley-Horn who presented a PowerPoint presentation that updated the Council on the status of the Loop 820 Corridor Study. Mr. Schulte briefed the Council on the scope of the project. Council was advised that stakeholder interviews were held on August 18th, the Planning & Zoning Commission will receive a briefing on October 7th and the first public outreach meeting is scheduled for October 26th. Council advised there would be other meetings as the project develops. Mr. Schulte reviewed the study area boundary and discussed the TxDOT status and design. Mayor Trevino pointed out that there will not be outside barriers on the managed lanes. Mayor Trevino advised that the lanes will be toll-tagged and that the only barrier will be in the middle separating the managed lanes. There were no questions from the Council. 5. Executive Session Mayor Trevino announced at 6:22 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Consultation with City Attorney pursuant to Section 551.071 Texas Government Code to seek advice about pending litigation on Hughes vs. City of North Richland Hills. Adjournment Mayor Trevino announced at 6:35 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order September 27,2004 at 7:00 p.m. City Council Minutes September 27,2004 Page 4 ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson George Staples City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilman Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Metts led the pledge of allegiance. 4. SPECIAL PRESENTATIONS Yard of the Month Mayor Pro Tem Whitson and Monique Hester, Keep NRH Beautiful Commission Member presented the following Yard of the Month Awards for September: James Kelsoe, 6404 Royal Court; Steve & Sharon Kouns, 7361 Riviera; Steve & Cheryl Stewart, 4917 Boulder Road; Brian & Laura Wilson, 5604 Havana; Karen Thurman, 8112 Bridge Street; Kim Kuglar, 7312 Chapman; Chris Matatall, 7124 Michael Drive; Steve & Jodee Kolanowski, 8429 Grand View Drive. Recipients of the Texas SmartScape Award were Monty and Gayle Hale, 7001 Meadow Park. Recipient of the Business Landscape award was Waterford on the Green Apartments, 6228 Glenview. City Council Minutes September 27, 2004 Page 5 IR 2004-098 Quad Cities DFW- Bob Hamilton, NE Chamber President Mr. Bob Hamilton, Northeast Chamber President, briefed the Council on the activities of Quad Cities DFW and presented a video of a recent Quad Cities Channel 8 Family First event. 5. CITIZENS PRESENTATION Mr. Robert Lee, 704 Martin, Hurst, and representing NRH Farmers Market, 7700 Davis Boulevard, North Richland Hills requested an item be placed on the next council agenda addressing seasonal sales. Mr. Lee advised that many businesses in North Richland Hills sale seasonal goods and when a business is allowed to set up on the road side with a permit to sale for thirty days has a detrimental affect on the established businesses. Mayor Trevino requested that the City Attorney review the provision and if warranted, place on the Pre-Council agenda for Council to review. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Bielik removed Item 7e from the Consent Agenda. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SEPTEMBER 13, 2004 COUNCIL MEETING B. MINUTES OF THE SEPTEMBER 20, 2004 SPECIAL COUNCIL MEETING C. FP 2004-04 CONSIDERATION OF A REQUEST FROM DON RANKIN REPRESENTING ARCADIA LAND PARTNERS 26, L TD TO APPROVE THE FINAL PLAT OF LOTS 1 & 2, BLOCK A AMUNDSON ADDITI~ (LOCATED IN THE 8400 BLOCK OF MID-CITIES BLVD - 3.818 ACRES) D. GN 2004-092 CITY REGULATIONS FOR HOURS OF SALE OF ALCOHOLIC BEVERAGE SALES - ORDINANCE NO. 2805 E. REMOVED FROM CONSENT AGENDA City Council Minutes September 27,2004 Page 6 F. PU 2004-037 CONSIDERATION OF THE AWARD OF CONTRACT TO PAR FLOORING, LP IN THE AMOUNT OF $79,560 FOR CARPET REPLACEMENT G. PAY 2004-003 APPROVE FINAL PAYMENT TO J.L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. IN THE AMOUNT OF $93,228.52 FOR THE NORTH TARRANT PARKWAY (DAVIS BLVD. TO PRECINCT LINE RD.) IMPROVEMENT PROJECT H. PAY 2004-004 APPROVE FINAL PAYMENT TO HALL-ALBERT CONSTRUCTION COMPANY IN THE AMOUNT OF $64,084.80 FOR THE MAIN STREET/GLENANN DRAINAGE IMPROVEMENT PROJECT COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 7E. GN 2004-095 CONSIDERATION OF ORDINANCE 2806 AMENDING SECTION 9 OF NORTH RICHLAND HILLS ORDINANCE 2374 - SIGN REGULATIONS- TABLE OF PERMITTED SIGNS APPROVED Councilwoman Bielik advised she had questions for Staff. Councilwoman Bielik advised she has been following the ordinance and evolution of it over past few weeks. Councilwoman Bielik advised there was a chart at the Library and in the Inspection Office that did not have the footnote. Councilwoman Bielik questioned who authorized the footnote that appeared on the chart in the last couple of weeks. Mr. Bass advised he authorized the footnote when he was made aware of concerns that the chart was not as clear as it possible could be. Councilwoman Bielik advised the footnote first states that the only pole signs allowed would be in the Freeway Overlay Zone and the second part of the footnote exempts shopping centers over 200,000 square feet. Councilwoman Bielik questioned why shopping centers are being granted an exemption and not small businesses. Mr. Bass explained that the footnote does not change past, present or future interpretation of ordinance. The ordinance when passed in 2002 allowed pole signs in two locations in the city - in nonresidential zoning districts located in the Freeway Overlay Zone and in projects 200,000 square feet or more either located on one lot or two contiguous lots inside or outside the Freeway Overlay Zone. Mr. Bass explained this was not a reinterpretation, but a clarification of the ordinance. City Council Minutes September 27, 2004 Page 7 Councilwoman Bielik questioned the wording of the footnote which states pole signs must be located within the boundaries of the Freeway Overlay Zone per Section 2M. Councilwoman Bielik stated that Section 2M did not state that pole signs must be in the Freeway Overlay Zone. Mr. Bass explained that by clear connection it defines what the Freeway Overlay Zone is - 200 feet adjacent to the freeway - and by clear connection indicates what the pole signs may be in terms of height, square footage, number allowed, etc. The only amendment being proposed to the table is footnote number 6. Councilwoman Bielik questioned that the second part of footnote number 6 states that pole signs located outside the Freeway Overlay District are prohibited unless they are part of a major development per Section 13-A-4, but Section 13-A-4 contains no provisions for pole signs. Mr. Bass explained that the major development section referred to as 13-A-4 lays out specific design characteristics, height, quantity, location, etc and it is understood that pole signs may be located in major projects associated with 200,000 square feet or more. Mr. Bass explained the lack of clarity exists when the reader does not continue to read across Table 9 and look at the section column. The section column clearly references Section 13A 1 for pole signs. When the reader looks at Section 13A 1 of the ordinance, the section has been deleted. Prior to its deletion, the section contained a full description of pole signs and made a reference of those pole signs to the table relative to permitted uses. Because the section was totally eliminated, pole signs are not permitted except in the two locations discussed previously. Sign characteristics and design standards only appear in two locations - under Section 2M and Section 13-A-4- b and because there is an absence of design standards elsewhere the City Attorney advises that the presumption is and it stands as the test of the law that it is not allowed because we do not have standards. Councilwoman Bielik questioned that the check list provided by the Building Department to individuals obtaining sign permits does not match the chart. Mr. Bass advised he was not aware of the conflict but would look into the matter and make any needed corrections. Councilwoman Cox stated she like the ordinance to be clearer and questioned if there was anything that could be done to make it clearer to the business community that North Richland Hills is not against small businesses. Mr. Bass stated that relative to the Sign Ordinance the footnote clarifies specifically what the ordinance requires. City Council Minutes September 27,2004 Page 8 COUNCILMAN METTS CALLED FOR THE QUESTION. MAYOR PRO TEM WHITSON SECONDED COUNCILMAN METTS CALL FOR THE QUESTION. Motion to call for the question carried 5-2; Mayor Pro Tem Whitson, Councilwoman Johnson, Councilmen Lewis, Metts and Welch voting for and Councilwomen Cox and Bielik against. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-095, ORDINANCE No. 2806. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 5-2; Mayor Pro Tem Whitson, Councilwoman Johnson, Councilmen Lewis, Metts and Welch voting for and Councilwomen Cox and Bielik voting against. 8. GN 2004-093 AUTHORIZING SIGNATURE FOR 2005 CAPP ELECTRIC SERVICES - RESOLUTION NO. 2004-065 APPROVED Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services, advised the proposed resolution is to allow the City Manager to sign a contract for electric services when prices become available. As a result of electric deregulation in 2002 the City became a member of a coalition group of cities to try and purchase power at cheaper rates. The City achieves electrical savings through participation in Cities Aggregation Power Project (CAPP). In order for member cities to act promptly and enter into power contracts under the most favorable terms, CAPP is asking each participating city to pass a resolution designating an individual to enter into a power contract on behalf of the City. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION No. 2004-065, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WHEN THE PRICES BECOME AVAILABLE. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 9. GN 2004-094 APPOINTMENT TO KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION - PLACE 3 APPROVED Ms. Patricia Hutson, City Secretary, advised of a Place 3 vacancy on the Keep North Richland Hills Beautiful Commission. Councilman Metts is recommending the appointment of Micah Beck to fill the vacancy, term expiring June 30, 2005. City Council Minutes September 27,2004 Page 9 COUNCILMAN METTS MOVED TO APPROVE THE APPOINTMENT OF MICAH BECK TO PLACE 3. COUNCILWOMAN BIELIK SECONDED THE MOTION. Motion to approve carried 7-0. 10. PU 2004-038 AWARD EMERGENCY MEDICAL SERVICES BILLING AND COLLECTION CONTRACT TO SOUTHWEST GENERAL SERVICES, INC. - RESOLUTION NO. 2004-066 APPROVED Mr. Larry Koonce, Director of Finance, advised requests for proposals were sent seeking services for the billing of emergency medical services and collection. The proposals were evaluated and Southwest General Services (SGS) best met all of the requirements. SGS will guarantee a 61 % collection rate up from the current 56% collection rate. SGS also proposed two options. The first option proposed a commission rate of 6% instead of the current 10% and the second option was for SGS to provide a mobile data computer (MDC) system. The system will include five laptop computers, five docking stations, five printers, software licensing, training, support and maintenance. The value of the system could be as high as $91,500. Staff is recommending the approval of Resolution No. 2004-066 with the MDC option. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2004-066 WITH THE MDC OPTION. COUNCILWOMAN BIELlK SECONDED THE MOTION. Motion to approve carried 7-0. 11. PW 2004-016 AWARD OF BID IN THE AMOUNT OF $264,900 FOR THE BOOTH-CALLOWAY GROUND STORAGE TANK REPAINT/ PROJECT TO N.G. PAINTING L.P. APPROVED Mr. Mike Curtis, Public Works Director, advised the project consisted of the repair and repainting of the 2 million gallon ground storage tank and booster pump station located at Conn Drive and Booth-Calloway Road. The repair of the booster pump station is complete. The portion of the project being recommended for bid award is the repair and painting of the tank. The low bidder for the project did not meet specifications. Staff is recommended N.G. Painting, L.P. be awarded the bid for the project. COUNCILMAN WELCH MOVED TO APPROVE PW 2004-016, AWARDING THE BID FOR THE BOOTH-CALLOWAY GROUND STORAGE TANK REPAINT AND REHABILITATION PROJECT TO N.G. PAINTING, L.P. IN THE AMOUNT OF $264,900. MAYOR PRO TEM WHITSON SECONDED THE MOTION. City Council Minutes September 27,2004 Page 10 Motion to approve carried 7-0. 12. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-COUNCIL AGENDA None. 13. INFORMATION AND REPORTS Councilman Lewis presented the following information and announcements: NRH Poetry Slam The Parks & Recreation Cultural Arts Division will present a poetry slam event on Tuesday, September 28, at 8 PM at the Artisan Center Theatre at North Hills Mall. Admission is $5 at the door. Competitors will present original poetry or prose and will be judged. This is a family-friendly event. For more information contact the Recreation Center at 817-427-6600. Fire Department Open House The Fire Department will hold an open house from 10 AM to 2 PM on Saturday, October 9, at Fire Station Four located at 7202 Dick Fisher Drive North. Residents are invited to tour the station and learn about fire safety. This year's theme is "It's Fire Prevention Week: Test your Smoke Alarms." Please contact Lt. Mike Smith at 817- 427 -6959 for more information. Critter Connection Critter Connection will be open from 10 a.m. to 6 p.m. on Saturday, October 9, at North Hills Mall. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. At this meeting we would like to recognize Police Officers Filipe Carmichael and Michael Nelson. An email was received from a NRH resident thanking Officers Carmichael and Nelson for their quick response to a 911 call. Arriving within minutes of the call, the officers quickly resolved the domestic disturbance. Officers Carmichael and Nelson handled the situation with caution and in a professional manner, the resident said. 14. ADJOURNMENT City Council Minutes September 27, 2004 Page 11 MaY~:,Tre~ino adJ,~Urned the meeting at 7:~& ' ",~~ ~~ J»;" Jiør) fit! .......~ .....y;~~~. 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